A mature tree protected by law to stop it being damaged during the construction of flats in north Oxford has been cut down -- following a city council "oversight".

Cllr Alan Armitage points out the affected trees

A Tree Preservation Order (TPO) was placed on the holly tree, several yews and a mature birch last May after planning approval was given for the Blenheim Court development, on the corner of Woodstock Road and Squitchey Lane.

The trees were considered to make a "valuable contribution to the street scene".

When building work began, the holly tree was felled to make way for an out-building.

It is illegal to damage a protected tree without permission from the city council and an investigation was launched.

The council found original plans, which were approved before the TPO was made, and showed the building would be built where the holly tree stood.

In a council report, acting legal and planning business manager William Reed said: "It would seem that the conflict between the inclusion of this tree within the TPO and the position of the out-building was an oversight on the part of the council as local planning authority."

Mr Reed said Kidlington-based developer JA Pye (Oxford) Ltd had not acted illegally because protected trees could be removed to "implement a full planning permission".

North Oxford city councillor Alan Armitage said planning permission might not have been granted if it had been known the holly tree would be lost. He said: "It might have been possible to reject the plans, or ask for them to be revised.

"Trees are an important part of this area and it's a great shame this happened. We need to make sure it doesn't happen again."

New TPOs have been placed on the remaining trees.

But neighbours said they were concerned because some had already been "alarmingly" cut back.

Christopher McCready, of Paddox Close, said: "Along the Squitchey Lane boundary of the site you can see the brutal way a line of smaller yews and birches, also supposedly protected, have been lopped and topped."

JA Pye's construction director John Chamberlain said experts did the pruning and the trees would benefit.

He said: "They were out of control and had not been trimmed for many years. We have acted responsibly and, come summer, the trees should look marvellous."

City planning officer Murray Hancock agreed the trees would benefit.